The following Terms of Service (TOS or Agreement) apply to all services provided by Dedi Host (Dedi Host, we, us, our) to you. By purchasing services from us you agree to these terms of service.
- APPLICATION OF TERMS
1.2. These terms, together with any Order(s), represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and Dedi Host. Any other contract provisions imposed by you on your own order forms or otherwise are expressly excluded.
1.3. Dedi Host may alter this TOS at any time without notification to you. However, the current TOS is always available on Dedi Host’s website. Your sole remedy in the event that you do not agree to those amendments is to terminate your services, as described in paragraph 6, within 10 business days of the date of the amendment. Only a Dedi Host officer may alter this TOS. No agent of, or person employed by or under contract with, Dedi Host has any authority to alter or vary this TOS in any way. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
1.4. In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar Dedi Host may use to fulfill the Order and the rules and regulations of the relevant registrar. As a condition of this TOS, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here:
TuCows Domain Registration Agreement:
ENOM Domain Registration agreement:
- GENERAL TERMS AND CONDITIONS
2.1. You will conform to the standards and acceptable use policies of Dedi Host, as set out in our AUP.
2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.
2.4. You will receive a password to be used when you log into your User Area and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
2.5. Dedi Host’s Service Level Agreement (SLA) sets out the hosting performance you can expect from us. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
2.6. You have no ownership of, or proprietary rights in, any Equipment.
2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
2.8. The Services are provided to you as configured for our standard customer. In some cases, they may have the manufacturer’s default settings. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them. If your use of the Services damages the Services or Equipment, you will be charged for any repairs we need to make to the Services or Equipment. We may suspend your use of the Services until we determine whether your use of the Services has damaged the Services or Equipment.
2.9. The Services are provided on as is basis. The hardware configurations may vary across data centers and may result in different performance. Dedi Host may replace your host server hardware, transfer it from one datacenter to another, or modify certain software configurations when deemed necessary by the company.
2.10. The proprietary and third-party software we provide for you to use as part of our service such as Cloudflare CDN, SuperCacher, Performance boosters and other are provided on as is basis and you bear all responsibility for using it.
2.11. Web Space
All hosting plans have a web space allocation set out on their Product Page. Each customer is solely responsible for monitoring their web space usage from the cPanel of their account. The cPanel usage stats are the sole and exclusive method for determining whether a customer has exceeded their web space quota for the respective hosting plan. In the event that you exceed the allocated space quota, Dedi Host will limit your file upload service and send you an email warning to the email address you provided in the My Details section of your User area. If you do not take action to comply with the overage warning and the terms and deadlines specified in the warning email, Dedi Host reserves the right to suspend your account or terminate this Agreement without liability to you.
2.12. Web Traffic
Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server to Dedi Host’s detriment or that of Dedi Host’s other customers. The terms “excessive” and “wasteful” are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for storage of movies, pictures or MP3 files. If the contents of your Space regularly generate more server traffic than is deemed acceptable by Dedi Host, Dedi Host shall send you an email warning to the email address you provided in My Details section of your User area. Our warning will also contain the terms and conditions for the appropriate solution. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, Dedi Host reserves the right to terminate this Agreement without liability to you.
Unused bandwidth may not be carried over from month-to-month.
2.13. We act in good faith to back up data stored on our shared servers once a day. These backups are intended for internal use only and Dedi Host cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to back up data of all your content in order to prevent potential data loss.
We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip. It is your obligation to verify whether particular files will be backed up.
Back Up Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein. By purchasing services from us, including Back Up Services, you agree that you will maintain your own set of backups independent of those we maintain. If we provide data to you from a back up, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. Our only obligation is to restore your Space or Server to its operating condition. It is your obligation to restore your website.
2.14. We provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
2.15. Index and Parking Pages
When your Order is accepted, we may place an index page to which your domain points (Index Page). You may disable this Index Page at any time.
If you terminate the Services, your domain will be pointed to a suspension page. This page may contain advertising. We shall retain all revenue associated with this advertising.
2.16. Parked Domains
You may choose to have more than one domain name point to your Website (Parked Domain). The Parked Domain service is free with your purchase of Dedi Host Hosting services. You may have as many parked domains as set out on the respective hosting service Product Page. Parked domain names are not intended to be used for any kind of URL masking methods. Any such use constitutes violation of this TOS.
3.1. Each Order for Services by you shall be deemed to be an offer by you to buy the Services from Dedi Host subject to this TOS. No Order shall be deemed to be accepted by Dedi Host until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this contract. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, the Term shall renew for additional one year periods, unless you choose to renew for a different period or unless terminated as set out in paragraph 6.
3.2. You must be over the age of 18 at the time you place your Order.
3.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. Unless otherwise specified, we are unable to provide additional information about the reasons for a particular Order failure to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.
3.4. Dedi Host is under no obligation to deliver any Services in addition to those identified in the Order.
3.5. You shall provide to Dedi Host, at your cost, any information, resources or facilities reasonably requested by Dedi Host for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Dedi Host.
3.6. Any instructions supplied by you to Dedi Host must be complete, accurate and clearly legible.Dedi Host reserves the right to charge for any costs and any additional work incurred by Dedi Host due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.
- OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out in the ‘My Details’ section in the User Area.
4.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User and result in any claim against us.
4.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information ‘My Details’ section of the User Area is considered by us to be the owner of the account and all associated services, except Third party services purchased through Dedi Host, that are subject to additional terms and conditions. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
5.1. You are responsible for the Fees set out on the Order, in the currency specified on the Order.
5.2. Invoices are due immediately upon receipt. Dedi Host reserves the right to suspend the Services until payment is made. Time for payment is of the essence. Domain name registration Fees must be paid in full before your Order will be reviewed.
5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.
5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current credit card on file. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Set up and domain name registration charges are not refundable for any reason.
5.4.1. We often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms.
5.5. Shared, Semi Dedicated, Cloud and Dedicated Hosting services are provided on the basis of the Initial Term specified on your Order. Semi Dedicated, Cloud and Active Dedicated Server services will renew for the shortest available period until terminated as described in paragraph 6. All other accounts and Services shall renew for a one year period ( Renewal Term), unless you choose to renew for a different period, or Services are terminated as provided herein. Any such termination or cancellation will be subject to the payment of any outstanding charges. Fees for any Renewal Term will be set out in our written acceptance of the renewal on the respective due date for your account as described in paragraph 5.6 below. On receipt of the funds by Dedi Host, Dedi Host shall send a receipted invoice to you.
5.6. Your credit card is automatically charged for a Renewal Term:
- 15 days prior to the expiration of your current Term for Active Shared Hosting services, domain name registrations and related services, and SSL certificates;
- 5 days prior to expiration of your current Term for Active Semi Dedicated Hosting, Cloud VPS Hosting and Dedicated Server services with a Term equal to 1 month; or
- upon expiration of your current Term for all other accounts and Services.
In case an automatic renewal charge fails and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s). We will attempt to charge the primary credit card on file first. Should the primary credit card fail, we will retry billing other credit cards on file in the order listed in your User Area.
The primary card on file is specified by You, but we reserve the right to make an alternative credit card primary if the current primary card is not active for some reason or fails a billing charge or an AVS check.
5.7. We are not responsible for your data or domain name if Services are terminated because your credit cards on file have expired or are no longer valid for any reason.
5.8. We are pleased to provide you with a statement of account in your User Area. This statement is based on our records and, to ensure accounting consistency, we cannot alter the information in our records.
5.9. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, we will charge you an investigation and processing fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must pay the Fees due.
5.10. Money Back Guarantee
Our money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Termination and Refund requests should be requested from your User area, as described in paragraph 6, no later than 30 days from the Effective Date. The following conditions apply to our Money Back guarantee:
(a) It applies only to individual Services in an Order. It does not apply to previously ordered Services;
(b) Set Up and domain name Fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion;
(c) Our Money Back guarantee covers Shared Hosting plans only – these include Entry Level, CMS and Linux Pro hosting accounts only.
(d) The Money Back Guarantee does not apply to Renewal fees;
(e) The Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.
5.11. Dedi Host Virtual Wallet
We may return part of a pre-paid amount as credits added to your Dedi Host Virtual Wallet in your User Area. Wallet amounts may only be used for future purchases and/or renewals of Dedi Host services. Unless otherwise specified, Wallet amounts will expire if unused for more than 12 months. Different expiration terms and purchase limitations may apply to some wallet returns. Wallet amounts cannot be refunded.
5.12. Our SLA as explained in Section F in these TOS sets out your rights in case of disruption of the Services. Should the Services be disrupted, you may request a Credit through your User Area, or by calling our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption of the Services.
5.13. If you do not re-register your domain name(s), Dedi Host may choose to register the domain name. At that time the title in, and ownership of, this domain name will vest in Dedi Host. Dedi Host may sell this domain name without restriction as if the full legal and beneficial owner. Unpaid domain names may become the property of Dedi Host.
5.14. Unless stated otherwise R refers to ZAR. All future amounts payable by you shall be charged in the same currency as your initial order.
- TERMINATION & CANCELLATION
6.1. Termination by Either Party
6.1.1. Either party may terminate this TOS upon written notice to the other if one party materially breaches any of these terms and the breaching party fails to correct the breach within 10 days following the other party’s written notice, or immediately if the breach is incapable of cure.
6.2. Termination by Dedi Host
6.2.1. Dedi Host may terminate this TOS if (i) you fail to pay any sums due to Dedi Host as they fall due; (ii) in Dedi Host’s reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) we determine in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or (iv) you violate this TOS or any agreement incorporated by reference.
6.2.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.
6.3. Termination by you
6.3.1. You may terminate the Services through the User Area or by contacting our customer service staff by phone or chat (Termination Request). We will send you an email confirmation to acknowledge your completion of the Termination Request (Termination Confirmation). If you do not complete all steps of the Termination Request, or if you fail to use a Termination Request to Terminate the Services, the Services will not be Terminated, and Fees will still be charged. You must follow this procedure in order to Terminate each Service.
6.3.2. Once you complete a Termination Request, we will process it and issue a refund, if you are entitled to it. Refunds are issued through the same payment method that was originally used to purchase the Services. Dedi Host is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
6.4. You may request Termination of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service and will not exceed the amount you have prepaid for the Service. In order to avoid renewal charges and late cancellation fees, termination must be requested before a Renewal invoice is due. Termination of an Active hosting account will result in the Termination of any additional Services associated with that account.
6.5. You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including Dedi Host) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
6.6. Upon termination of the Service, Dedi Host shall be entitled immediately to block your Space and to remove all data located on it. Dedi Host will hold such data for Shared Hosting accounts for a period of 7 days and may ask for a fee to allow you to collect it, failing which Dedi Host shall be entitled to delete all such data. Dedi Host shall further be entitled to post a notice stating that your account has been suspended. Dedi Host will delete data for Dedicated and Cloud Hosting Services automatically upon account suspension. IP space and Back Up tapes are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail following Termination.
- TECHNICAL SUPPORT
Our technical support is provided via the Support section in your User Area. Your initial request for technical support must originate here. Technical support is provided on an as is, as available basis. If your request for technical support exceeds that of similarly situated customers, or is based on your lack of sophistication, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support. If you request technical support, you agree that we may have full access to your equipment, account, and any and all items accessible to us based on your request. While we will use reasonable efforts to provide technical support to you, all support is provided as is, and is subject to the disclaimers of warranties and limitation of liability set out herein. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors.
It is your obligation to perform and store a back up of your data and files from the hosting account prior to requesting technical support and agreeing to any technical interference or operation provided byDedi Host. In the event that you are not satisfied with the outcome of any technical action, it shall be your obligation to restore your files and data from your own back up.
- INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
8.1. Dedi Host retains ownership of all intellectual property rights in the Services. Dedi Host grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by Dedi Host are Dedi Host property or the property of their respective owners. No permission is given by Dedi Host to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.
8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, Dedi Host reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
8.4. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar fashion, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback information.
- REPRESENTATIONS AND WARRANTIES
9.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of the Services; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make back-up copies of all information in a location independent of ours, and will not use our Back Up Services as your sole back up; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
- LIMITATION OF LIABILITY
10.1. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued R.S.A.. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued R.S.A.. patent or registered copyright.
11.2. You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
- CERTAIN INFORMATION
12.1. Both you and Dedi Host undertake not to disclose to a third party any confidential information which you or Dedi Host receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
12.2. Without prejudice to Paragraph 12.1., Dedi Host shall be entitled to mention your name as a client of Dedi Host and the name(s) of products which Dedi Host provides to you with your prior consent.
12.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the account owner as set out in our records. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
13.1. Any notice to be given by either party to the other may be sent by either email, support ticket, fax or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing. In addition, we may communicate with you using the Support ticketing system facilitated by our User Area. Notices of support tickets opened on behalf of the company are sent to you by email and shall be deemed received upon confirmation of receipt.
13.2. You are required to provide notices to us about the Services through the User Area. We will provide notices to you using the information you provide to us in the “My Details” section of the User Area. We have no responsibility for misdirected notices based on your failure to provide correct information.
13.3. Termination notices must be provided to us as set out in paragraph 6.
13.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
P.O. Box 977
Email: [email protected]
“End User” is the individual or entity who uses, or to whom you provide, your services;
“Fees” means the charges to be paid by you for the provision of the Services as set out in any Order or (if not set out) those set out on Dedi Host’s website;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“Materials” means any information, reports, documents, software or other materials created by Dedi Host as part of the Services, including all methodologies, know-how and processes used to do so;
“Objects” means any names, marks or materials and any other information, documents or software which you supply to Dedi Host under this TOS;
“Order” means the order form, including electronic and online forms, or letter signed by you requesting Services;
“Server” means the computer server equipment operated by Dedi Host in connection with the provision of the Services;
“Service” or “Services” means any and all services provided by Dedi Host under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
“Dedi Host” means Dedi Host.co.za, 127 Helderberg College Road, Somerset West, 7129.
“Space” means the area on the Server allocated to you by Dedi Host for use by you as a site on the Internet;
“Standard Price List” means the list(s) of the standard prices for Dedi Host group company products which are set out on the respective Product Page;
“Term” means the prepaid period during which you receive Services from Dedi Host;
“TOS” means this TOS, including all documents incorporated by reference;
“User Area” means the part of the Dedi Host website from which you can manage your services and to which you are given login credentials at the start of your Initial Term; and
“You” and “your” mean the person, firm or company who purchases Services from Dedi Host.
15.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
15.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
15.3. Dedi Host reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
15.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than 10 days from the beginning of the event.
15.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
15.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
15.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
15.8 SURVIVAL. Paragraphs 2.5, 2.10, 5.12, 9.2, 10, 11, 12.1, 13, 14, 15, 16.1, 16.8, Section F: 1.9, 1.11 and 2 shall survive the termination of this TOS.
Section A – StartUp Hosting Accounts
This Section incorporates by reference the Product Page entitled “Hosting Features Full Features List.” You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.
Entry Level Accounts are for one user only. You may not resell or lease your Space or portions of your Space.
- Add-on Domain Slot
New Add-on domain slots cannot be added to Entry levelhosting accounts. Any add-on slot currently active on your account will be automatically renewed upon expiration of its current Term. Renewal fees as set out on the respective renewal page are non-refundable.
The Add-on Domain Slot may not: (i) be eligible for a free domain; (ii) participate in transfer promotions; (iii) have a separate control panel available; (iv) host parked domain slots; or (v) be transferred without the transfer of all of your Services. By using Add-on Slot services you agree that each Website you host on an Add-on Slot shares your account resources and is subject to the Fair Use terms and conditions as set out in paragraph 5 herein.
- Fair Use. According to our “Fair Use” policy:
- Database queries may not exceed 10% of system resources per second; maximum database size is 500 MB per database and 250 MB per database table.
- No more than 10 simultaneous processes on Entry levelservers; no more than 10 simultaneous connections from a single IP.
- No cron jobs with execution interval shorter than 30 minutes.
- Entry level e-mail: maximum mailbox size of 500MB per mailbox; maximum 400 emails per hour; No more than 40 recipients per email sent; maximum size of attachment 50 MB. If you receive more than 20 emails per minute at any given time, the email account may be temporarily blocked or MX Records may be temporarily changed. The maximum retry time for email messages is 11 hours, after this time messages are discarded.
- No more than 150,000 inodes per account.
- CPU seconds: no more than 10,000 CPU seconds for any given calendar day; no more than 1,000 CPU seconds for any given hour of the day; no more than 300,000 CPU seconds for any given calendar month.
- Program and script executions: no more than 10,000 program and script executions for any given calendar day; no more than 1,000 for any given hour of the day; no more than 300,000 for any given calendar month; no more than 2 seconds average execution time for a given day.
- No more than 20% of the shared service CPU for a period longer than 10 seconds; no more than 256 MB of the server memory resources per process at any given time.
You agree that we have the sole right to decide what constitutes a violation of the Fair Use as described in this section of the TOS and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in warning, resource usage limitations, suspension or immediate account termination with no refund upon our reasonable discretion. You understand and agree that in the event of violation of the Fair Use for your account, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use TOS and will not be responsible for any data loss resulting from such termination of services.
- Upgrade to a higher Hosting solution
You can choose to upgrade your current Entry LevelHosting service to a CMS or Linux Pro. Such upgrade is subject to upgrade fees as listed on our Order pages. Upgrade fees are due immediately and are non-refundable.
6.1 Upgrade to CMS/Linux ProHosting plan
If you have more than one month to the expiration of your current Term when you upgrade to a CMS or Linux Pro plan, we will charge the difference between the regular monthly fees of the two plans as listed on the respective product pages and multiply by the remaining months till the end of your current term.
If you have less than one month to the expiration of your current Term, when you upgrade to a CMS or Linux Pro hosting plan, we will charge you the fee per month for the corresponding hosting plan and upgrade term you choose. This Fee is payable in full prior to the upgrade and is in addition to the shared hosting fees you have paid.
Once an account is upgraded to a CMS or Linux Proservice, the respective paragraphs and sections of these TOS shall apply.
Section B – CMS Hosting Accounts
This Section incorporates by reference the Product Page entitled “Hosting Features Full Feature List.” You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.
- Add-on Domain Slot
You may choose to have more than one domain name point to your Hosting Account (Add-on Domain Slot). The Add-on Domain service is free with your purchase of Dedi Host CMS Hosting plan. You may have as many add-on domains as set out on the respective hosting service Product Page.
The Add-on Domain Slot may not: (i) be eligible for a free domain; (ii) participate in transfer promotions; (iii) have a separate control panel available; (iv) host parked domain slots; or (v) be transferred without the transfer of all of your Services. By using Add-on Slot services you agree that each Website you host on an Add-on Slot shares your account resources and is subject to the Fair Use terms and conditions as set out in paragraph 6 herein.
- Free Services
We have integrated certain services into your CMS plan for free as set out on the respective Product Page. Except for the Standard SSL certificate, these services will continue to be free during the whole Term of your account as long as it remains on a CMS plan. Cancellation of the CMS hosting plan will result in cancellation of all integrated services, including all free services.
Backup and Backup Restores – While we will use reasonable efforts to provide Backups as outlined on our Product Page for the CMS plan, all Backup and Backup Restores are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own back up.
- Fair Use. For a CMS Account, “Fair Use” means:
- Database queries may not exceed 10% of system resources in any second. Maximum size is 750 MB per database and 250 MB per database table.
- No more than 20 simultaneous processes on shared servers; no more than 15 simultaneous connections from a single IP.
- No cron jobs with execution interval shorter than 30 minutes.
- CMS e-mail: Maximum mailbox size 1000MB per mailbox; maximum 400 emails per hour; no more than 40 recipients per email sent; maximum size of attachment 50 MB. If you receive more than 20 emails per minute at any given time, the email account may be temporarily blocked or MX Records may be temporarily changed. The maximum retry time for email messages is 11 hours, after this time messages are discarded.
- No more than 300,000 inodes per account.
- CPU seconds: no more than 20,000 CPU seconds for any given calendar day; no more than 2,000 for any given hour of the day; no more than 600,000 for any given calendar month.
- Program and script executions: no more than 20,000 program or script executions for any given calendar day; no more than 2,000 for any given hour of the day; no more than 600,000 for any given calendar month; no more than 2 seconds average execution time for a given day.
- No more than 20% of the shared service CPU for a period longer than 10 seconds; no more than 256 MB of the server memory resources per process at any given time.
You agree that we have the sole right to decide what constitutes a violation of the Fair Use as described in this section of the TOS and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in a warning, resource usage limitations, suspension or immediate account termination with no refund upon our reasonable discretion. You understand and agree that in the event of violation of the Fair Use for your account, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use TOS and will not be responsible for any data loss resulting from such termination of services.
- Upgrade to Linux Proplan
You can choose to upgrade your current CMS service to a Linux Pro plan. This upgrade is subject to upgrade fees as listed on the respective Product Pages. Upgrade fees are due immediately and are non-refundable.
If you have more than one month to the expiration of your current Term when you upgrade to a Linux Pro plan, we will charge the difference between the regular monthly fees of the two plans as listed on the respective product pages and multiply by the remaining months till the end of your current term.
If you have less than one month to the expiration of your current Term, when you upgrade to a Linux Pro hosting plan, we will charge you the fee per month for the corresponding hosting plan and upgrade term you choose. This Fee is payable in full prior to the upgrade and is in addition to the shared hosting fees you have paid.
Upon upgrade to a Linux Pro plan, we shall transfer your data from the CMS service free of charge. Once an account is transferred to a Linux Pro plan, we shall terminate the CMS hosting account and the paragraphs and sections of this TOS for the service you have upgraded to shall apply.
- Downgrade to Entry Level Hosting PlanYou may downgrade your CMS service to a StartUp hosting plan, if your account was not previously transferred from Entry level to CMS, due to violation of the TOS as they apply for Shared Hosting Services.By downgrading you will lose all services that are integrated into the CMS service, but are not included in the Entry Level hosting plan. These include, but are not limited to, hosting multiple sites on one account, bigger CPU quotas, premium support, backup services, SSH access, etc.You can request a downgrade to a Entry levelplan through your User Area Support section > Open a Support Ticket > Development Services. We may refuse to process your request if your account does not meet the conditions for a downgrade to a Entry Level Service, or charge you per hour of work to process your downgrade request. Upon downgrade, no refund will be issued for the unused portion of your prepaid fees for CMS service.
Section C – Linux ProHosting Plan
This Section incorporates the Product Page entitled “Hosting Features Full Features List ”. This section also applies to the Linux Pro plan. You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.
- Free Services
We have integrated certain services into your Linux Pro plan for free as set out on the respective Product Page. Except for the Standard SSL certificate, these services will continue to be free during the whole Term of your account as long as it remains on a Linux Pro plan. Cancellation of the Linux Pro hosting plan will result in cancellation of all integrated services, including all free services.
Backup and Backup Restores – While we will use reasonable efforts to provide Backups as outlined on our Product Page for the CMS plan, all Backup and Backup Restores are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own back up.
- For a Linux Pro Hosting Account, “Fair Use” means:
- Database queries may not exceed 30% of system resources in any second; no more than 1,000 MB per database and 500 MB per database table.
- No more than 30 simultaneous processes; no more than 20 simultaneous connections from a single IP.
- No cron jobs with execution period shorter than 30 minutes.
- Linux Pro e-mail: maximum size of 2,000 MB per mailbox; maximum 400 emails per hour; no more than 40 recipients per email sent; maximum size of attachment 50 MB. If you receive more than 20 emails per minute at any given time, the email account may be temporarily blocked or MX Records may be temporarily changed. The maximum retry time for email messages is 11 hours, after this time messages are discarded.
- If an email message sent to your mailbox has a SPAM score, calculated by the SPAM Assassin daemon, greater than 15, the message will be automatically discarded.
- No more than 450,000 inodes per account.
- CPU seconds for Linux Pro plan: no more than 40,000 CPU seconds for any given calendar day; no more than 4,000 CPU seconds for any given hour of the day; no more than 800,000 for any given calendar month.h. CPU seconds on Linux Pro plans: no more than 43,200 CPU seconds for any given calendar day; no more than 4,000 CPU seconds for any given hour of the day; no more than 1,296,000 for any given calendar month.i. CPU seconds on Linux ProPlans: no more than 54,000 CPU seconds for any given calendar day; no more than 4,000 CPU seconds for any given hour of the day; no more than 1,620,000 for any given calendar month.j. Program and script executions on Linux Pro plan: no more than 40,000 script executions for any given calendar day; no more than 4,000 script executions for any given hour; no more than 800,000 script executions for any given calendar month.
k. Program and script executions on Linux Pro Plans: no more than 48,000 script executions for any given calendar day; no more than 3,200 script executions for any given hour; no more than 1,440,000 script executions for any given calendar month.
l. Program and script executions on Linux Pro Plans: no more than 60,000 script executions for any given calendar day; no more than 4,000 script executions for any given hour of the day; no more than 1,800,000 script executions for any given calendar month.
m. No more than 20% of the shared service CPU for a period longer than 10 seconds; no more than 256 MB of the server memory resources per process at any given time.
n. No more than 4 seconds daily average execution time.
You agree that we have the sole right to decide what constitutes a violation of Fair Use and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in a warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of our Fair Use policy, we may grant you a certain period of time to come within the policy. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions.. You acknowledge that we can immediately suspend and/or terminate each account that violates our Fair Use policy and will not be responsible for any data loss resulting from termination or suspension as a result.
- Downgrade to a lower hosting plan (Entry Levelor CMS)
You may downgrade your Linux Pro hosting plan to any of our lower hosting plans, if you account meets all of the following:
- Your account was not previously transferred from a Shared Service/Entry Level or CMS plan to a Linux Pro Service due to a violation of our TOS.
- Your content does not require server setup different from the standard Entry Level or CMS Hosting Service setup. Different server setup includes, but is not limited to, installation of special PHP or Perl modules, open special ports, different MySQL versions, SSH access, etc.
By downgrading you will lose all services that are integrated into the Linux Pro Hosting service, but are not included in the Entry level or CMS service. These include, but are not limited to, bigger CPU limitations, premium support, backup services, SSH access, etc.
You can request a downgrade to a lower plan through your User Area Support section > Open a Support Ticket > Development Services. We will review your request to evaluate if your account meets the conditions for a downgrade to a lower plan and may refuse to process your request, or charge you per hour of work for it. Upon a downgrade no refund will be issued for the unused portion of your prepaid fees for Linux Pro Hosting.
- Clients with Linux Pro hosting plans will be able to continue using their account as before, and will be able to remain on these plans on the same terms until switching to a different plan or discontinuing their accounts.
Section D – Service Level Agreement TOS
This SLA is part of your contract with us. It sets out our rights and responsibilities for our failure to meet the criteria herein.
We guarantee network uptime 99.9% of the time during a 12-month period. Scheduled maintenance, software and hardware failure, Force Majeure and Third Party Services are excluded. Our calculation of network availability is based on our internal records. We may accept Third Party reports as evidence that you are entitled to a credit under this SLA.
Should we incur a network outage, we will credit you for an SLA event. Credit will be applied toward your next invoice. If you are past due on any Fees or you have breached these TOS, we are not required to provide the Credit to you. You must request a Credit within 3 days of the event covered by the SLA through your User Area. You will receive only one Credit per disruption. For example, should the disruption qualify for both an Uptime Credit and an Infrastructure Credit, you will receive only one Credit. Credits may not be aggregated, are limited to one month’s Fees over a 12-month period, and may not be carried over from month-to-month.
This SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
Section E – Domain Name Registration
1.1. Dedi Host resells top-level domains (TLDs) – gTLDs (generic top level domains) and ccTLDs (country-specific top level domains). Your use of a domain name is governed by Dedi Host Terms of Service, the Registrant Agreement provided by the respective Registry, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). The terms of the UDRP are available at http://www.icann.org/udrp/udrp.htm. A reference to the terms of the respective Registry may be found at http://opensrs.com/docs/contracts/exhibita.htm
1.2. Dedi Host does not warrant or guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until you have been notified by us that your requested domain name has been registered.
1.3. The registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use, and you are responsible for ensuring that you are aware of those terms and conditions. You waive any claims you may have against Dedi Host should a naming authority refuse to register a domain name. Registration and renewal Fees are non-refundable in any event. Renewal fees for expired domain names may vary depending on the Registrar of record.
1.4. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned. Dedi Host will take no part in any such dispute. Dedi Host reserves the right, on Dedi Host becoming aware of such a dispute, at Dedi Host’s sole discretion to either suspend or cancel the domain name, and/or make appropriate representations to the relevant naming authority. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party.
1.5. You are solely responsible for providing Dedi Host with accurate and up-to-date contact information, and Dedi Host shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by you to your details using the Dedi HostUser Area facility are your own responsibility. Dedi Host is not responsible for the renewals of any domain name registrations, except when stated otherwise as part of a special promotion, and you should make your own arrangements for reminding yourself when any name is due for renewal. As a courtesy to you, to avoid SPAM, the email address in your WHOIS record will be registered to our address. If you would like to modify this address, please contact us.
1.6. Where Dedi Host is acting as registrar, the ICANN-adopted consensus policies on transfer of sponsorship of registrations between registrars shall apply.
1.7. Terms of free domain registration:
We may offer you a free domain name registration during your Initial Term and any Renewal Term (Free Domain Name) as part of some of the hosting services and special promotions we provide. You must satisfy the following criteria in order to take advantage of this offer:
1.7.1. You must order a hosting service that includes a Free Domain Name registration as described on the Product Page.
1.7.2. You must request the Free Domain Name when you first place your Order.
1.7.3. The Free Domain Name must be your primary domain and must be associated with the initially ordered Hosting Service throughout the duration of your prepaid Term.
1.7.4. The Free Domain Name must be for one of these tld’s: .co.za.
1.7.5. If you cancel the hosting Services associated with the Free Domain Name, or the Services are terminated, you will be charged our then current Fee for the domain name. If you fail to pay for the Free Domain Name, your domain name will go into redemption. We may take ownership of that domain following redemption.
1.7.6. If you wish to transfer away from Dedi Host a domain that is subject to a promotion or product offer with free domain registration and renewal, you owe to Dedi Host domain registration fees for the minimum, full registration period of the domain.
1.7.7. Parked domains names must point to our Services. You must purchase an add-on domain upgrade to host more than one domain name.
1.7.8. We have no liability for domain names that are not registered by us and associated with your accounts.
1.8. Information you are required to submit
(a) your name and postal address (or if different, that of the domain name holder); and
(b) the domain name being registered.
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may change. If you do not wish to provide the new information, your registration will not be renewed.
The information you provide determines the ownership of the domain as set out in the terms and conditions of the domain name registrar. For non-expired domain names registered through Dedi Host this information can be changed at any time through a domain management facility in your User Area.
If you intend to sell use of a domain name to a third party, or to allow a third party to use it, you are still responsible for providing the contact information specified above. You accept liability for such a registration, and remain responsible for payment of the relevant Fees and performance of all other obligations under this TOS.
1.9. Obligations relating to provided data
If you provide information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this TOS, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this TOS.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly, or failure to respond for over 15 days to inquiries by Dedi Host concerning the accuracy of contact details associated with your registration will constitute a material breach of this TOS and will be sufficient basis for cancellation of your domain name registration.
1.10. Disclosure and use of registration information
You agree and acknowledge that Dedi Host will make available domain name registration information you provide, or that Dedi Host otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.
ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Dedi Host may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate this TOS based on such a change.
You hereby consent to each of the disclosures set out in this TOS. You further consent to the use of the information you provide to us; and guidelines, limits and restrictions on disclosure of, information provided by you in connection with the registration of a domain name (including any updates to such information). This applies whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Dedi Host.
1.11. Ownership of data
You agree and acknowledge that Dedi Host owns all database, compilation, collective and similar rights, title and interests worldwide in Dedi Host’s domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that Dedi Host owns the following information for those registrations for which Dedi Host is the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, all email addresses, telephone number, and where available, fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration; (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and (e) any other information Dedi Host generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.
- ID Protect
If set out in your Order, we will provide private domain name registration services to you (ID Protect). If we provide ID Protect to you, you agree:
2.1. That this Service is provided on a reasonable efforts basis. We are not responsible if your identity is mistakenly disclosed;
2.2. That you warrant that you have purchased this Service for a legitimate use, and not to evade any legal, tld, ICANN or other requirement imposed by law, or an Internet authority;
2.3. That you will provide us with accurate information, and that you will ensure that this information is updated immediately when it changes;
2.4. That you will indemnify and hold us harmless based on any claims made against us based on providing ID Protect to you;
2.5. That you will immediately respond to all notices we provide to you that are forwarded to us as a result of providing the ID Protect service to you; and
2.6. That we may terminate all Services provided to you should we determine, in our reasonable discretion, that you are abusing the ID Protect service, or you do not immediately respond to our inquiries or the notices we forward to you.
- Domain Registrar Transfers
3.1. You agree that you can change your registrar for an existing domain name only in accordance with the policy of the relevant registry. Only the “Domain Name Owner” (the entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer that domain name registration from another registrar to Dedi Host. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Domain Name Owner of the domain name registration to initiate such a transfer. Dedi Host, at its sole discretion, may require you to provide documentation that proves that the Domain Name Owner of the domain name initiated this transfer request.
The request to transfer a domain name registration from another registrar to Dedi Host may be denied where applicable for any of the following:
(a) time past after initial registration, after most recent transfer and after renewal of the domain name does not meet Registries’ requirements;
(b) during the last 15 days prior to expiration of the domain;
(c) you have provided wrong or no EPP code or the special TAG attribute is not correctly set;
(d) you do not have access to the administrative email address for the domain;
(e) the domain name is in LOCKED status;
(f) the domain is not with an extension that Dedi Host can register;
(g) if there is a pending bankruptcy of the domain name holder;
(h) there is a dispute over the identity of the domain name holder;
(i) at the discretion of the then-current registrar;
(j) by operation of law;
(k) in accordance with circumstances described in the Domain Name Dispute Policy;
It is the responsibility of the Domain Name Owner to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer services. Fees are not refundable, but can be applied to subsequent transfer requests at Dedi Host’s sole discretion.
3.2. Upon successful completion of the registrar transfer request, we shall immediately become the registrar of record. As per the terms of the respective Registry, your domain name registration term may be extended with up to 2 years either from the date your existing registration is set to expire or from the date the transfer is completed, provided that the total unexpired term of a registration does not exceed ten years.
Section F – Private SSL Certificates
We are pleased to offer private SSL certificates to you, through Tucows and Global Sign, if set out on your Order (Private SSL Certificates). ITo use the Private SSL Certificates, you must be a current customer and:
- Place the corresponding SSL certificate order, for services that do not include an SSL certificate.
- Agree to the terms and conditions set by the respective Private SSL providers at their websites:
- Have a dedicated IP address.
- Agree that Dedi Host shall represent you before the SSL providers for the purpose of approving SSL certificate orders or renewals on your behalf. This may involve logging into the email account you have provided for SSL verification purposes and approving the SSL certificate.
- Agree that if you do not complete the SSL confirmation process up to 5 business days after your initial SSL activation request, your SSL activation request will be canceled and no refund will be due.
Section G – Website Wizard
If set out on your Order we will provide the Website Wizard on the following terms:
1. You must have an active shared hosting account.
2. The Website Wizard is a third party software and is provided on an “as is” and “as available” basis. It may be discontinued at any time, and may not always be available. We do not guarantee that any specific results can be obtained by using the Website Wizard.
3. Website Wizard cancellation
In order to cancel the Website Wizard service for your account, you need to post a Termination Request from your User Area.
4. Privacy and Copyrights
4.1. The Website Wizard has been developed by and is a product of Parallels. Dedi Host is neither the owner, nor the developer of the Website Wizard and we offer it as a third-party product to our clients.
4.2. We cannot be held responsible for any images, icons, web design layouts, templates or any other elements of a client`s website for which the client has no license or rights to use.
5. Service usage
5.1. The Website Wizard may be used if you have an active subscription for it. In case your Website Wizard subscription expires and cannot be renewed automatically and we do not receive a manual payment, the service will be suspended and you will not be able to manage your site or use any other feature of the Website Wizard. In case you do not renew your subscription up to 7 business days after expiration, you will lose any unsaved changes to your files, and your Website Wizard account will be terminated with no option for reactivation.
If you would like to start using the Website Wizard after your subscription has already been terminated due to no renewal, you will need to order a new Website Wizard subscription and start building your website from scratch.
5.2. In case you decide to downgrade from a Website Wizard Pro version to a Website Wizard Basic version, you will no longer be able to use the extra features available only in the Pro version.
5.3. You agree that upon publishing your website, the Website Wizard files will automatically be published in the /public_html/ directory of your hosting account. Therefore, any previous data in the said directory shall be automatically overwritten and replaced with the new files and you will lose its previous contents.
Section H – Back Up Services
We provide Back Up Services on a reasonable efforts basis. Back Up Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein.
- Back Up Creation
We act in good faith and create daily backup of all customers’accounts free of charge using R1soft infrastructure and internal Dedi Host solutions. Although Dedi Host makes reasonable effort to make daily backup of its Entry level, CMS, Linux Pro, backup creation might fail due to various unforeseen hardware and software failures, for which Dedi Host bears no responsibility.
- Backup Copies stored
We keep a limited number of backup copies of your account. Depending on the type of hosting and the type of Back Up service you have subscribed for you may have access to only 1 copy or up to 30 copies of 30 different days back. The total size of backup files stored on your account should not exceed that set out in Section A, paragraph 5 of this TOS.
In case of account transition from one service to another, old backup copies created as part of the previous service are deleted and new backups as part of the new service start to be created.
- Back Up Restore
We are pleased to provide you with Back Up Restore services. Such services are not included in your Hosting Fees and can be ordered at an additional expense. Depending on the type of Backup Service, for which the customer subscribed, backup restore tools might be provided at customer’s disposal free of charge.
3.1. Restore from Dedi Host backups
Dedi Hostacts in good faith to back up data on your account daily. Data restore from Dedi Host copies is provided on an as is as available basis.
If we do not have any back up copy of your data, we shall refund any prepaid fees for the backup restore service.
3.2. Restore from custom Back Up file
Dedi Host shall attempt to restore your data from a custom backup file as set out on your order for Back Up restore services. We may refuse to restore your data, if in our reasonable opinion such restore will result in security risk or will alter the performance of our Server to the detriment of other customers.